80_FR_37042 80 FR 36918 - Safety Zone, Fourth of July Fireworks, Lake Winnebago; Menasha, Wisconsin

80 FR 36918 - Safety Zone, Fourth of July Fireworks, Lake Winnebago; Menasha, Wisconsin

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 124 (June 29, 2015)

Page Range36918-36920
FR Document2015-15926

The Coast Guard is establishing a temporary safety zone on a portion of the Fox River and Lake Winnebago in Menasha, Wisconsin. This safety zone is intended to restrict vessels from a portion of the Fox River and Lake Winnebago due to a fireworks display. This temporary safety zone is necessary to protect the surrounding public and vessels from the hazards associated with the fireworks display.

Federal Register, Volume 80 Issue 124 (Monday, June 29, 2015)
[Federal Register Volume 80, Number 124 (Monday, June 29, 2015)]
[Rules and Regulations]
[Pages 36918-36920]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15926]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0532]
RIN 1625-AA00


Safety Zone, Fourth of July Fireworks, Lake Winnebago; Menasha, 
Wisconsin

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on a 
portion of the Fox River and Lake Winnebago in Menasha, Wisconsin. This 
safety zone is intended to restrict vessels from a portion of the Fox 
River and Lake Winnebago due to a fireworks display. This temporary 
safety zone is necessary to protect the surrounding public and vessels 
from the hazards associated with the fireworks display.

DATES: This rule is effective from 8:45 p.m. until 10:30 p.m. on July 
4, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2015-0532. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, contact or email MST1 Joseph McCollum, U.S. Coast Guard 
Sector Lake Michigan, at 414-747-7148 or Joseph.P.McCollum@uscg.mil. If 
you have questions on viewing the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone 1-800-647-5527.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Final Rule
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and Information

    On February 18, 2015, the Coast Guard published an FR in the 
Federal Register which listed safety zones corresponding to annual 
marine events in the Sector Lake Michigan zone (80 FR 8536). This FR 
included the safety zone for the City of Menasha 4th of July Fireworks 
in Menasha, WI (the subject of this TFR). Because the City of Menasha 
4th of July Fireworks is expected to be launched this year from a 
different location than that which is listed in the FR, the Coast Guard 
is issuing this TFR.
    The Coast Guard is issuing this TFR without prior notice and 
opportunity to comment pursuant to authority under section 4(a) of the 
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM with respect to this rule 
because doing so would be impracticable and contrary to the public 
interest. The final details for this event were not known to the Coast 
Guard until there was insufficient time remaining before the event to 
publish an NPRM. Specifically, the Coast Guard was not informed of the 
new location planned for the fireworks launch location until the end of 
May, 2015. Thus, delaying the effective date of this rule to wait for a 
comment period to run would be both impracticable and contrary to the 
public interest because it would inhibit the Coast Guard's ability to 
protect the public and vessels from the hazards associated with the 
barge-based fireworks display on July 4, 2015, which are discussed 
further below.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register for the same reason listed above, 
doing so would impracticable and contrary to the public interest 
because it would inhibit the Coast Guard's ability to protect the 
public and vessels from the hazards associated with the barge-based 
fireworks display.

B. Basis and Purpose

    The legal basis for this rule is the Coast Guard's authority to 
establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5; 
Department of Homeland Security Delegation No. 0170.1.
    On July 4, 2015, the City of Menasha is expected to hold its annual 
4th of July fireworks display. This fireworks display will be launched 
from a barge within the waters of the Fox River. The Captain of the 
Port Lake Michigan has determined that this fireworks display will pose 
a significant risk to public

[[Page 36919]]

safety and property. Such hazards include falling and/or flaming 
debris, and collisions among spectator vessels.

C. Discussion of the Final Rule

    With the aforementioned hazards in mind, the Captain of the Port 
Lake Michigan has determined that this temporary safety zone is 
necessary to ensure the safety of persons and vessels during the 
fireworks display near Menasha, Wisconsin. This zone is effective and 
will be enforced from 8:45 p.m. until 10:30 p.m. on July 4, 2015. The 
safety zone will encompass all waters of the Fox River and Lake 
Winnebago within a 600 foot radius of an approximate launch position at 
44[deg]12.017' N., 088[deg]25.904' W. (NAD 83).
    Entry into, transiting, or anchoring within the safety zone is 
prohibited unless authorized by the Captain of the Port Lake Michigan 
or her designated on-scene representative. The Captain of the Port or 
her designated on-scene representative may be contacted via VHF Channel 
16.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. It is not 
``significant'' under the regulatory policies and procedures of the 
Department of Homeland Security (DHS). We conclude that this rule is 
not a significant regulatory action because we anticipate that it will 
have minimal impact on the economy, will not interfere with other 
agencies, will not adversely alter the budget of any grant or loan 
recipients, and will not raise any novel legal or policy issues. The 
safety zone created by this rule will be relatively small and enforced 
for only one day. Under certain conditions, moreover, vessels may still 
transit through the safety zone when permitted by the Captain of the 
Port.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered the impact of this temporary rule on small entities. The 
Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not 
have a significant economic impact on a substantial number of small 
entities. This rule will affect the following entities, some of which 
might be small entities: The owners or operators of vessels intending 
to transit or anchor in the affected portion of the Fox River and Lake 
Winnebago on July 4, 2015.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the reasons cited in the 
Regulatory Planning and Review section. Additionally, before the 
enforcement of this zone, we would issue local Broadcast Notice to 
Mariners so vessel owners and operators can plan accordingly.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and

[[Page 36920]]

responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves the establishment of a safety zone and 
therefore it is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination for this zone have been previously 
completed and are available via http://www.regulations.gov under Docket 
Number USCG-2014-1001. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record 
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T09-0532 to read as follows:


Sec.  165.T09-0532  Safety Zone, Fourth of July fireworks, Lake 
Winnebago; Wisconsin.

    (a) Location. All waters of the Fox River and Lake Winnebago within 
a 600 foot radius of an approximate launch position at 44[deg]12.017' 
N., 088[deg]25.904' W. (NAD 83).
    (b) Effective period. This zone is effective from 8:45 p.m. until 
10:30 p.m. on July 4, 2015.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into, transiting, or anchoring within this safety 
zone is prohibited unless authorized by the Captain of the Port Lake 
Michigan or her designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Lake Michigan or her designated 
on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port Lake 
Michigan is any Coast Guard commissioned, warrant or petty officer who 
has been designated by the Captain of the Port Lake Michigan to act on 
her behalf.
    (4) Vessel operators desiring to enter or operate within the safety 
zone must contact the Captain of the Port Lake Michigan or her on-scene 
representative to obtain permission to do so. The Captain of the Port 
Lake Michigan or her on-scene representative may be contacted via VHF 
Channel 16.
    (5) Vessel operators given permission to enter or operate in the 
safety zone must comply with all directions given to them by the 
Captain of the Port Lake Michigan or her on-scene representative.

    Dated: June 11, 2015.
A.B. Cocanour,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2015-15926 Filed 6-26-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                36918               Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Rules and Regulations

                                                requirements, Security measures,                        DEPARTMENT OF HOMELAND                                 in the Sector Lake Michigan zone (80 FR
                                                Waterways.                                              SECURITY                                               8536). This FR included the safety zone
                                                                                                                                                               for the City of Menasha 4th of July
                                                  For the reasons discussed in the                      Coast Guard                                            Fireworks in Menasha, WI (the subject
                                                preamble, the Coast Guard amends 33                                                                            of this TFR). Because the City of
                                                CFR part 165 as follows:                                33 CFR Part 165                                        Menasha 4th of July Fireworks is
                                                                                                        [Docket No. USCG–2015–0532]
                                                                                                                                                               expected to be launched this year from
                                                PART 165—REGULATED NAVIGATION                                                                                  a different location than that which is
                                                AREAS AND LIMITED ACCESS AREAS                          RIN 1625–AA00                                          listed in the FR, the Coast Guard is
                                                                                                                                                               issuing this TFR.
                                                ■ 1. The authority citation for part 165                Safety Zone, Fourth of July Fireworks,                    The Coast Guard is issuing this TFR
                                                continues to read as follows:                           Lake Winnebago; Menasha, Wisconsin                     without prior notice and opportunity to
                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             AGENCY:    Coast Guard, DHS.                           comment pursuant to authority under
                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                                                                      section 4(a) of the Administrative
                                                                                                        ACTION:   Temporary final rule.
                                                Department of Homeland Security Delegation                                                                     Procedure Act (APA) (5 U.S.C. 553(b)).
                                                No. 0170.1.                                             SUMMARY:   The Coast Guard is                          This provision authorizes an agency to
                                                                                                        establishing a temporary safety zone on                issue a rule without prior notice and
                                                ■ 2. A new temporary § 165.T08–0505 is                                                                         opportunity to comment when the
                                                                                                        a portion of the Fox River and Lake
                                                added to read as follows:                               Winnebago in Menasha, Wisconsin.                       agency for good cause finds that those
                                                                                                        This safety zone is intended to restrict               procedures are ‘‘impracticable,
                                                § 165.T08–0505 Safety Zone; Ohio River
                                                                                                        vessels from a portion of the Fox River                unnecessary, or contrary to the public
                                                between mile 603.4 and 605.4, Louisville,
                                                KY.                                                     and Lake Winnebago due to a fireworks                  interest.’’ Under 5 U.S.C. 553(b)(B), the
                                                                                                        display. This temporary safety zone is                 Coast Guard finds that good cause exists
                                                  (a) Location. The following area is a                 necessary to protect the surrounding                   for not publishing an NPRM with
                                                safety zone: All waters of the Ohio River               public and vessels from the hazards                    respect to this rule because doing so
                                                between mile 603.4 and mile 605.4,                      associated with the fireworks display.                 would be impracticable and contrary to
                                                Louisville, KY, extending the entire                                                                           the public interest. The final details for
                                                                                                        DATES: This rule is effective from 8:45
                                                width of the Ohio River.                                                                                       this event were not known to the Coast
                                                                                                        p.m. until 10:30 p.m. on July 4, 2015.
                                                                                                                                                               Guard until there was insufficient time
                                                   (b) Effective dates. This safety zone is             ADDRESSES: Documents mentioned in                      remaining before the event to publish an
                                                effective and enforceable with actual                   this preamble are part of docket USCG–                 NPRM. Specifically, the Coast Guard
                                                notice from June 9, 2015 to July 7, 2015                2015–0532. To view documents                           was not informed of the new location
                                                or until maintenance on the L&I RR                      mentioned in this preamble as being                    planned for the fireworks launch
                                                Bridge is complete, whichever occurs                    available in the docket, go to http://                 location until the end of May, 2015.
                                                earlier.                                                www.regulations.gov, type the docket                   Thus, delaying the effective date of this
                                                   (c) Regulations. (1) In accordance with              number in the ‘‘SEARCH’’ box and click                 rule to wait for a comment period to run
                                                the general regulations in § 165.23, entry              ‘‘SEARCH.’’ Click on Open Docket                       would be both impracticable and
                                                into this zone is prohibited unless                     Folder on the line associated with this                contrary to the public interest because it
                                                authorized by the Captain of the Port                   rulemaking. You may also visit the                     would inhibit the Coast Guard’s ability
                                                (COTP) Ohio Valley or a designated                      Docket Management Facility in Room                     to protect the public and vessels from
                                                                                                        W12–140 on the ground floor of the                     the hazards associated with the barge-
                                                representative.
                                                                                                        Department of Transportation West                      based fireworks display on July 4, 2015,
                                                   (2) Persons or vessels desiring to enter             Building, 1200 New Jersey Avenue SE.,                  which are discussed further below.
                                                into or passage through the zone must                   Washington, DC 20590, between 9 a.m.                      Under 5 U.S.C. 553(d)(3), the Coast
                                                request permission from the COTP Ohio                   and 5 p.m., Monday through Friday,                     Guard finds that good cause exists for
                                                Valley or a designated representative.                  except Federal holidays.                               making this rule effective less than 30
                                                They may be contacted on VHF–FM                         FOR FURTHER INFORMATION CONTACT: If                    days after publication in the Federal
                                                channel 16 or by telephone at 1–502–                    you have questions on this temporary                   Register for the same reason listed
                                                5424.                                                   rule, contact or email MST1 Joseph                     above, doing so would impracticable
                                                   (3) If permission is granted, all                    McCollum, U.S. Coast Guard Sector                      and contrary to the public interest
                                                persons and vessels shall comply with                   Lake Michigan, at 414–747–7148 or                      because it would inhibit the Coast
                                                the instructions of the COTP Ohio                       Joseph.P.McCollum@uscg.mil. If you                     Guard’s ability to protect the public and
                                                Valley or designated representative.                    have questions on viewing the docket,                  vessels from the hazards associated with
                                                                                                        call Cheryl Collins, Program Manager,                  the barge-based fireworks display.
                                                   (d) Informational broadcasts. The
                                                                                                        Docket Operations, telephone 1–800–                    B. Basis and Purpose
                                                COTP Ohio Valley or a designated
                                                                                                        647–5527.
                                                representative will inform the public                                                                             The legal basis for this rule is the
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                through broadcast notices to mariners of                                                                       Coast Guard’s authority to establish
                                                the enforcement period for the                          Table of Acronyms                                      safety zones: 33 U.S.C. 1231; 33 CFR
                                                emergency safety zone as well as any                    DHS Department of Homeland Security                    1.05–1, 160.5; Department of Homeland
                                                changes in the dates and times of                       FR Final Rule                                          Security Delegation No. 0170.1.
                                                enforcement.                                            NPRM Notice of Proposed Rulemaking                        On July 4, 2015, the City of Menasha
mstockstill on DSK4VPTVN1PROD with RULES




                                                  Dated: June 8, 2015.                                  TFR Temporary Final Rule                               is expected to hold its annual 4th of July
                                                                                                                                                               fireworks display. This fireworks
                                                R.V. Timme,                                             A. Regulatory History and Information                  display will be launched from a barge
                                                Captain, U.S. Coast Guard, Captain of the                 On February 18, 2015, the Coast                      within the waters of the Fox River. The
                                                Port Ohio Valley.                                       Guard published an FR in the Federal                   Captain of the Port Lake Michigan has
                                                [FR Doc. 2015–15927 Filed 6–26–15; 8:45 am]             Register which listed safety zones                     determined that this fireworks display
                                                BILLING CODE 9110–04–P                                  corresponding to annual marine events                  will pose a significant risk to public


                                           VerDate Sep<11>2014   17:11 Jun 26, 2015   Jkt 235001   PO 00000   Frm 00008   Fmt 4700   Sfmt 4700   E:\FR\FM\29JNR1.SGM   29JNR1


                                                                    Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Rules and Regulations                                          36919

                                                safety and property. Such hazards                       2. Impact on Small Entities                            between the national government and
                                                include falling and/or flaming debris,                     Under the Regulatory Flexibility Act                the States, or on the distribution of
                                                and collisions among spectator vessels.                 (5 U.S.C. 601–612), we have considered                 power and responsibilities among the
                                                                                                        the impact of this temporary rule on                   various levels of government. We have
                                                C. Discussion of the Final Rule                                                                                analyzed this rule under that Order and
                                                                                                        small entities. The Coast Guard certifies
                                                   With the aforementioned hazards in                   under 5 U.S.C. 605(b) that this rule will              determined that this rule does not have
                                                mind, the Captain of the Port Lake                      not have a significant economic impact                 implications for federalism.
                                                Michigan has determined that this                       on a substantial number of small                       6. Protest Activities
                                                temporary safety zone is necessary to                   entities. This rule will affect the
                                                                                                        following entities, some of which might                  The Coast Guard respects the First
                                                ensure the safety of persons and vessels                                                                       Amendment rights of protesters.
                                                during the fireworks display near                       be small entities: The owners or
                                                                                                        operators of vessels intending to transit              Protesters are asked to contact the
                                                Menasha, Wisconsin. This zone is                                                                               person listed in the FOR FURTHER
                                                effective and will be enforced from 8:45                or anchor in the affected portion of the
                                                                                                        Fox River and Lake Winnebago on July                   INFORMATION CONTACT section to
                                                p.m. until 10:30 p.m. on July 4, 2015.                                                                         coordinate protest activities so that your
                                                The safety zone will encompass all                      4, 2015.
                                                                                                           This safety zone will not have a                    message can be received without
                                                waters of the Fox River and Lake                                                                               jeopardizing the safety or security of
                                                                                                        significant economic impact on a
                                                Winnebago within a 600 foot radius of                                                                          people, places, or vessels.
                                                                                                        substantial number of small entities for
                                                an approximate launch position at
                                                                                                        the reasons cited in the Regulatory                    7. Unfunded Mandates Reform Act
                                                44°12.017′ N., 088°25.904′ W. (NAD 83).
                                                                                                        Planning and Review section.
                                                   Entry into, transiting, or anchoring                 Additionally, before the enforcement of                  The Unfunded Mandates Reform Act
                                                within the safety zone is prohibited                    this zone, we would issue local                        of 1995 (2 U.S.C. 1531–1538) requires
                                                unless authorized by the Captain of the                 Broadcast Notice to Mariners so vessel                 Federal agencies to assess the effects of
                                                Port Lake Michigan or her designated                    owners and operators can plan                          their discretionary regulatory actions. In
                                                on-scene representative. The Captain of                 accordingly.                                           particular, the Act addresses actions
                                                the Port or her designated on-scene                                                                            that may result in the expenditure by a
                                                                                                        3. Assistance for Small Entities                       State, local, or tribal government, in the
                                                representative may be contacted via
                                                VHF Channel 16.                                            Under section 213(a) of the Small                   aggregate, or by the private sector of
                                                                                                        Business Regulatory Enforcement                        $100,000,000 (adjusted for inflation) or
                                                D. Regulatory Analyses                                  Fairness Act of 1996 (Pub. L. 104–121),                more in any one year. Though this rule
                                                                                                        we want to assist small entities in                    will not result in such an expenditure,
                                                  We developed this rule after                          understanding this rule. If the rule                   we do discuss the effects of this rule
                                                considering numerous statutes and                       would affect your small business,                      elsewhere in this preamble.
                                                executive orders related to rulemaking.                 organization, or governmental
                                                Below we summarize our analyses                                                                                8. Taking of Private Property
                                                                                                        jurisdiction and you have questions
                                                based on these statutes and executive                   concerning its provisions or options for                 This rule will not cause a taking of
                                                orders.                                                 compliance, please contact the person                  private property or otherwise have
                                                1. Regulatory Planning and Review                       listed in the FOR FURTHER INFORMATION                  taking implications under Executive
                                                                                                        CONTACT section above.                                 Order 12630, Governmental Actions and
                                                   This rule is not a significant                          Small businesses may send comments                  Interference with Constitutionally
                                                regulatory action under section 3(f) of                 on the actions of Federal employees                    Protected Property Rights.
                                                Executive Order 12866, Regulatory                       who enforce, or otherwise determine
                                                                                                                                                               9. Civil Justice Reform
                                                Planning and Review, as supplemented                    compliance with, Federal regulations to
                                                by Executive Order 13563, Improving                     the Small Business and Agriculture                       This rule meets applicable standards
                                                Regulation and Regulatory Review, and                   Regulatory Enforcement Ombudsman                       in sections 3(a) and 3(b)(2) of Executive
                                                does not require an assessment of                       and the Regional Small Business                        Order 12988, Civil Justice Reform, to
                                                potential costs and benefits under                      Regulatory Fairness Boards. The                        minimize litigation, eliminate
                                                                                                        Ombudsman evaluates these actions                      ambiguity, and reduce burden.
                                                section 6(a)(3) of Executive Order 12866
                                                or under section 1 of Executive Order                   annually and rates each agency’s                       10. Protection of Children
                                                13563. The Office of Management and                     responsiveness to small business. If you
                                                                                                        wish to comment on actions by                            We have analyzed this rule under
                                                Budget has not reviewed it under those                                                                         Executive Order 13045, Protection of
                                                Orders. It is not ‘‘significant’’ under the             employees of the Coast Guard, call 1–
                                                                                                        888–REG–FAIR (1–888–734–3247). The                     Children from Environmental Health
                                                regulatory policies and procedures of                                                                          Risks and Safety Risks. This rule is not
                                                the Department of Homeland Security                     Coast Guard will not retaliate against
                                                                                                        small entities that question or complain               an economically significant rule and
                                                (DHS). We conclude that this rule is not                                                                       does not create an environmental risk to
                                                                                                        about this rule or any policy or action
                                                a significant regulatory action because                                                                        health or risk to safety that may
                                                                                                        of the Coast Guard.
                                                we anticipate that it will have minimal                                                                        disproportionately affect children.
                                                impact on the economy, will not                         4. Collection of Information
                                                interfere with other agencies, will not                                                                        11. Indian Tribal Governments
                                                                                                           This rule will not call for a new
                                                adversely alter the budget of any grant                 collection of information under the                       This rule does not have tribal
                                                or loan recipients, and will not raise any              Paperwork Reduction Act of 1995 (44                    implications under Executive Order
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                                                novel legal or policy issues. The safety                U.S.C. 3501–3520).                                     13175, Consultation and Coordination
                                                zone created by this rule will be                                                                              with Indian Tribal Governments,
                                                relatively small and enforced for only                  5. Federalism                                          because it does not have a substantial
                                                one day. Under certain conditions,                         A rule has implications for federalism              direct effect on one or more Indian
                                                moreover, vessels may still transit                     under Executive Order 13132,                           tribes, on the relationship between the
                                                through the safety zone when permitted                  Federalism, if it has a substantial direct             Federal Government and Indian tribes,
                                                by the Captain of the Port.                             effect on the States, on the relationship              or on the distribution of power and


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                                                36920               Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Rules and Regulations

                                                responsibilities between the Federal                    § 165.T09–0532 Safety Zone, Fourth of                  SUMMARY:   The Coast Guard will enforce
                                                Government and Indian tribes.                           July fireworks, Lake Winnebago;                        the safety zone on the Menominee River
                                                                                                        Wisconsin.                                             in Marinette, WI for a vessel launch
                                                12. Energy Effects                                         (a) Location. All waters of the Fox                 from Marinette Marine Corporation.
                                                  This action is not a ‘‘significant                    River and Lake Winnebago within a 600                  This zone will be enforced from 9 a.m.
                                                energy action’’ under Executive Order                   foot radius of an approximate launch                   until 3 p.m. on July 18, 2015. This
                                                13211, Actions Concerning Regulations                   position at 44°12.017′ N., 088°25.904′                 action is necessary and intended to
                                                That Significantly Affect Energy Supply,                W. (NAD 83).                                           ensure safety of life on navigable waters
                                                                                                           (b) Effective period. This zone is                  immediately prior to, during, and
                                                Distribution, or Use.
                                                                                                        effective from 8:45 p.m. until 10:30 p.m.              immediately after the vessel launch.
                                                13. Technical Standards                                 on July 4, 2015.                                       During the aforementioned period, the
                                                                                                           (c) Regulations. (1) In accordance with             Coast Guard will enforce restrictions
                                                  This rule does not use technical                      the general regulations in § 165.23, entry
                                                standards. Therefore, we did not                                                                               upon, and control movement of, vessels
                                                                                                        into, transiting, or anchoring within this             in the safety zone. No person or vessel
                                                consider the use of voluntary consensus                 safety zone is prohibited unless
                                                standards.                                                                                                     may enter the safety zone while it is
                                                                                                        authorized by the Captain of the Port                  being enforced without permission of
                                                14. Environment                                         Lake Michigan or her designated on-                    the Captain of the Port Lake Michigan
                                                                                                        scene representative.                                  or a designated representative.
                                                   We have analyzed this rule under                        (2) This safety zone is closed to all
                                                                                                                                                               DATES: The regulations in 33 CFR
                                                Department of Homeland Security                         vessel traffic, except as may be
                                                                                                        permitted by the Captain of the Port                   165.929 will be enforced for safety zone
                                                Management Directive 023–01 and
                                                                                                        Lake Michigan or her designated on-                    (f)(16), Table 165.929, from 9 a.m. until
                                                Commandant Instruction M16475.lD,
                                                                                                        scene representative.                                  3 p.m. on July 18, 2015.
                                                which guide the Coast Guard in
                                                                                                           (3) The ‘‘on-scene representative’’ of              FOR FURTHER INFORMATION CONTACT: If
                                                complying with the National
                                                Environmental Policy Act of 1969                        the Captain of the Port Lake Michigan                  you have questions on this document,
                                                (NEPA) (42 U.S.C. 4321–4370f), and                      is any Coast Guard commissioned,                       call or email MST1 Joseph McCollum,
                                                have determined that this action is one                 warrant or petty officer who has been                  Prevention Department, Coast Guard
                                                of a category of actions that do not                    designated by the Captain of the Port                  Sector Lake Michigan, Milwaukee, WI at
                                                individually or cumulatively have a                     Lake Michigan to act on her behalf.                    (414) 747–7148, email
                                                significant effect on the human                            (4) Vessel operators desiring to enter              joseph.p.mccollum@uscg.mil.
                                                environment. This rule involves the                     or operate within the safety zone must                 SUPPLEMENTARY INFORMATION: The Coast
                                                establishment of a safety zone and                      contact the Captain of the Port Lake                   Guard will enforce the Vessel Launch at
                                                therefore it is categorically excluded                  Michigan or her on-scene representative                Marinette Marine safety zone listed as
                                                from further review under paragraph                     to obtain permission to do so. The                     item (f)(16) in Table 165.929 of 33 CFR
                                                34(g) of Figure 2–1 of the Commandant                   Captain of the Port Lake Michigan or her               165.929. Section 165.929 lists many
                                                Instruction. An environmental analysis                  on-scene representative may be                         annual events requiring safety zones in
                                                checklist supporting this determination                 contacted via VHF Channel 16.                          the Captain of the Port Lake Michigan
                                                and a Categorical Exclusion                                (5) Vessel operators given permission               zone. This safety zone will encompass
                                                Determination for this zone have been                   to enter or operate in the safety zone                 all waters of the Menominee River in
                                                previously completed and are available                  must comply with all directions given to               the vicinity of Marinette Marine
                                                via http://www.regulations.gov under                    them by the Captain of the Port Lake                   Corporation, from the Bridge Street
                                                Docket Number USCG–2014–1001. We                        Michigan or her on-scene                               Bridge located in position 45°06.188′ N.,
                                                seek any comments or information that                   representative.                                        087°37.583′ W., then approximately .63
                                                may lead to the discovery of a                            Dated: June 11, 2015.                                NM south east to a line crossing the
                                                significant environmental impact from                   A.B. Cocanour,                                         river perpendicularly passing through
                                                this rule.                                              Captain, U.S. Coast Guard, Captain of the              positions 45°05.936′ N., 087°36.764′ W.,
                                                                                                        Port Lake Michigan.                                    and 45°06.992′ N., 087°36.728′ W. (NAD
                                                List of Subjects in 33 CFR Part 165                                                                            83) in the vicinity of the Ansul
                                                                                                        [FR Doc. 2015–15926 Filed 6–26–15; 8:45 am]
                                                                                                                                                               Company. This zone will be enforced
                                                  Harbors, Marine safety, Navigation                    BILLING CODE 9110–04–P
                                                                                                                                                               from 9 a.m. until 3 p.m. on July 18,
                                                (water), Reporting and record keeping
                                                                                                                                                               2015.
                                                requirements, Security measures,                                                                                  All vessels must obtain permission
                                                Waterways.                                              DEPARTMENT OF HOMELAND
                                                                                                        SECURITY                                               from the Captain of the Port Lake
                                                  For the reasons discussed in the                                                                             Michigan, or the on-scene representative
                                                preamble, the Coast Guard amends 33                     Coast Guard                                            to enter, move within, or exit the safety
                                                CFR part 165 as follows:                                                                                       zone. Requests must be made in
                                                                                                        33 CFR Part 165                                        advance and approved by the Captain of
                                                PART 165—REGULATED NAVIGATION                                                                                  the Port before transits will be
                                                AREAS AND LIMITED ACCESS AREAS                          [Docket No. USCG–2015–0530]
                                                                                                                                                               authorized. Approvals will be granted
                                                                                                        RIN 1625–AA00                                          on a case by case basis. Vessels and
                                                ■ 1. The authority citation for part 165                                                                       persons granted permission to enter the
                                                continues to read as follows:                           Safety Zone; Annual Events Requiring                   safety zone must obey all lawful orders
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                                                                                                        Safety Zones in the Captain of the Port                or directions of the Captain of the Port
                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                        Lake Michigan Zone—Vessel Launch                       Lake Michigan or a designated
                                                Department of Homeland Security Delegation              at Marinette Marine                                    representative.
                                                No. 0170.1.                                             AGENCY:  Coast Guard, DHS.                                This document is issued under
                                                                                                                                                               authority of 33 CFR 165.929, Safety
                                                                                                        ACTION: Notice of enforcement of
                                                ■ 2. Add § 165.T09–0532 to read as                                                                             Zones; Annual events requiring safety
                                                                                                        regulation.
                                                follows:                                                                                                       zones in the Captain of the Port Lake


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Document Created: 2015-12-15 14:25:18
Document Modified: 2015-12-15 14:25:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 8:45 p.m. until 10:30 p.m. on July 4, 2015.
ContactIf you have questions on this temporary rule, contact or email MST1 Joseph McCollum, U.S. Coast Guard Sector Lake Michigan, at 414-747-7148 or [email protected] If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 1-800-647-5527.
FR Citation80 FR 36918 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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